United States v. Kent

United States District Court, District of Columbia

July 17, 2017

UNITED STATES OF AMERICAv.JARVELL KENT, Defendant.

DETENTION MEMORANDUM

G.
MICHAEL HARVEY UNITED STATES MAGISTRATE JUDGE

This
matter comes before the Court upon the application of the
United States that Defendant, Jarvell Kent
("Kent"), be detained pending trial pursuant to 18
U.S.C. §§ 3142(d)(1)(A)(iii), (f)(1)(A), (f)(1)(D),
and (f)(1)(E). Kent has been charged by Indictment with: two
counts of interference with interstate commerce by robbery,
in violation of 18 U.S.C. § 1951; and two counts of
brandishing a firearm during a crime of violence, in
violation of 18 U.S.C. § 924(c)(1)(A)(ii). The Court
held a detention hearing for Kent and Co-Defendant, Olona
Roba ("Roba"), on July 12, 2017.

Upon
consideration of the proffers and arguments of counsel and
the entire record herein, the Court ordered Kent held without
bail pursuant to 18 U.S.C. § 3142(e). This memorandum is
submitted in compliance with the statutory obligation that
"the judicial officer shall . . . include written
findings of fact and a written statement of the reasons for
the detention." 18 U.S.C. § 3142(i)(1). The
findings of fact and statements of reasons in support of the
Order of Detention follow.

FINDINGS
OF FACT

At the
detention hearing, the United States proceeded by proffer
based on the Indictment. The defense offered no contrary
evidence on the merits of the offense, nor challenged any
aspect of the government's factual proffer. Accordingly,
the Court makes the following findings of fact regarding the
government's investigation.

On May
4, 2017, the Metropolitan Police Department
(“MPD”) received a complaint of an armed robbery
that occurred near the Capitol Heights Metro Station. The
complainant told MPD officers that two individuals accosted
him after he left the metro station. One of the individuals
charged the complainant and told him that he wanted the
complainant's money, while the second individual-later
identified as Kent's Co-Defendant, Roba[2]-pulled out what
the complainant described as a Mac-10 with an extended
magazine from his backpack and pointed it at him. The
complainant turned over his wallet and cell phone while the
second individual brandished the firearm, and then watched as
the two individuals walked away in the direction of a nearby
apartment complex located on the 5900 block of Southern
Avenue. The complainant described the armed individual to MPD
officers as being a black male with a slim build, a goatee,
and shoulder length dreadlocks. According to the complainant,
he was also wearing a black bandana and a neon green jacket
and carrying a black backpack.

MPD
officers then showed the complainant a nine-person photo
array containing a photograph of Roba and asked him to
identify the armed individual involved in the robbery. The
complainant was unable to choose one and instead selected
three photographs-one of which was a photograph of Roba-that
he said looked “[c]losest” to the individual.
Additionally, as part of its investigation, MPD spoke to two
witnesses. The first witness indicated that they were in the
area at the time of the robbery and saw three individuals,
one of whom they knew to be Roba. The witness said that they
saw Roba wearing a black hoodie with a green article of
clothing over it while entering an apartment located at 5930
Southern Avenue. According to this first witness, Roba
regularly visited this residence and, shortly after he
entered it that day, left in a different set of clothing. The
second witness was also in the area at the time of the armed
robbery and said that they saw Roba-who the witness knows by
the name “Country”-acting suspiciously with two
other individuals near that same apartment complex. When MPD
showed the witness a photograph of Roba, the witness
identified him as “Country” and said that they do
not know his real name.

During
the course of its investigation into this incident, MPD
learned that someone attempted to use the complainant's
debit card at a store thirteen minutes after the complainant
reported the robbery. The store, which is located
approximately three blocks from where the complainant was
robbed, provided MPD with a copy of its video surveillance
from that day. In the video, Roba can be seen entering the
store in a black shirt with a white symbol and a pair of red
and black basketball shoes. After entering, he attempts to
make a purchase using the complainant's debit card.

B.
The May 5, 2017 Armed Robbery

Kent's
current charges stem from a string of robberies, the first of
which occurred on May 5, 2017. Late that night, MPD received
a report of an armed robbery that occurred at the 7-Eleven
convenience store located at 3218 Pennsylvania Avenue SE,
Washington, D.C. An MPD detective arrived at the location and
viewed a security video that shows two black males entering
the store in dark clothes and masks. The first
individual-later identified as Roba-can be seen in the video
wearing a puffy jacket, a black shirt with a white symbol
identical to the shirt worn by Roba on May 4, 2017, bright
green gloves, dark pants, and grey and purple basketball
shoes. The individual is also wearing a black mask that
leaves part of his nose, cheeks, and eyes exposed, and
carrying a black sub-machine gun with a curved extended
magazine. The second individual in the video- later
identified as Kent-can be seen wearing a black jacket with a
hood, black gloves, black shoes with a white symbol and white
soles, and a black mask that leaves part of his nose, cheek,
and eyes exposed. The video shows the two individuals enter
the store and approach the cash register. The individuals
then order the store clerk to open the cash register, remove
an unknown amount of cash, and flee. MPD officers obtained a
copy of this video and posted it on MPD's YouTube page,
hoping to solicit leads.

C.
The May 11, 2017 Armed Robbery

Less
than a week later, in the early morning of May 11, 2017, MPD
received a report of an armed robbery at another 7-Eleven
convenience store, this one located at 4443 Benning Road NE,
Washington, D.C. An MPD detective arrived at the location and
viewed the store's security footage of the robbery. In
the video, the detective observed two males enter the store
wearing dark clothing, gloves, and masks. The first
individual is wearing a black shirt and dark pants, as well
as bright green gloves and a black mask similar to the gloves
and mask that Roba can be seen wearing in the video of the
May 5, 2017 robbery. This individual is also wearing red and
black basketball shoes similar to the shoes worn by Roba on
May 4, 2017, and is carrying a black semiautomatic handgun.
The second individual is wearing clothes similar to those
worn by Kent during the May 5, 2017 robbery-including a black
shirt, a mask, and black shoes with a white symbol and white
soles-and is carrying a semi-automatic firearm resembling a
Tec 9 with a curved extended magazine. This second individual
is also wearing a puffy jacket similar to the jacket worn by
the armed individual-later identified as Roba-during the May
5, 2017 robbery.

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;D.
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